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When a contract is broken

On Behalf of | Nov 20, 2020 | Firm News

Agreements between parties become tricky unless memorialized. A contract is a legally binding agreement between business parties. It sets out the details of the deal and what each party gets. 

However, some parties do not abide by the terms of the contract. When this happens, it may harm the other contract signer. Find out more about what it means when a business faces a contract break. 

The cause of the breach

First and foremost, how a party handles a contract break has a lot to do with the cause. Contracts between businesses usually have to do with fulfilling services or providing goods. When one party does not adhere to the agreement, the other may suffer financial loss. This is especially true when the breaching party does not provide a warning for the unsatisfied obligations. The contract may have a notice provision, and if the breaching party fails to follow it, the innocent party may move forward with seeking damages. 

The opportunity to fix a breach

Many contracts allow the breaching party time to fix or cure a contract breach. This may bring the agreement back into compliance. Under a cure section, the breaching party may have to pay the innocent party’s legal fees or the money lost by the disruption in performance. If the offending party does not work to fix the breach, then the innocent party may take legal action as set out in the agreement. It is crucial to understand each party’s role in a contract to ensure fulfillment under its terms. 

A contract breach is something that may sideline a business indefinitely. Understanding how it works and what a business’s options are should one occur is crucial to future success.